Is this Legal or Can I sue and Win?

One of my e-commerce stores that I own is www.2008software.com which had a high ranking for a few keyword phrases. Recently I found that this site and possibly other e-commerce stores I own as well basically dropped off Google's high indexing for one of the phrases because another web site, whoisdomaintools.com somehow was able to make this a page for their website whois.domaintools.com/2008software.com shown exactly and Google indexed this site instead with my exact desciption, headlines, etc. The bottom line is can someone legally use your registered domain name as part of their site? If not, would you advise suing them and/or blogging about them (I have a blog with over 200,000 monthly readers)?

I sent these jerks a strongly worded email and they sent me some form letter back that didn't address anything and to me is their way of saying F U to me. Am I off based here or should I escalate this to another level, including putting this in my blog? I welcome your opinion.

Here's a copy of their form letter for those interested which did not address my complaint of them using my domain name for what I believe illegally by putting it in theirs.

Hello Sir:

Thank you for your inquiry.

All the information we display on our website is legally-mandated, public information and easily obtainable by anyone from the web. DomainTools is only a third party displaying this information. Historical/cached information is never deleted from the world wide web.

WHOIS services provide public access to data on registered domain names, which currently includes contact information for Registered Name Holders. The extent of registration data collected at the time of registration of a domain name, and the ways such data can be accessed, are specified in agreements established by ICANN for domain names registered in generic top-level domains (gTLDs). For example, ICANN requires accredited registrars to collect and provide free public access to the name of the registered domain name and its nameservers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact.

It is unfortunate that your Registrar consultant did not explain to you in detail the privatization options that are available to everyone, when they first register a domain on the world wide web. This would have prevented any record that would potentially contain personal information, from ever having been created. We understand that the records we display may contain personal data, however WE are not responsible for that record having been created.

Going forward you can contact the ICANN registrar listed on your record for information regarding privatization of your whois record. The ICANN registrar may be able to assist you in changing or swapping unlisted numbers or other private contact information.

In addition, you can use our History Block service at http://www.domaintools.com/products/history-block.html to purchase temporary WHOIS history record privacy. This is not an attempt to receive payment from you as this is only a temporary solution. It will not delete the record from existence as this service will only prevent that information from being accessed on our site.

Information on how to prevent your images from accompanying the WHOIS record can be found at the following URL:

http://www.domaintools.com/webmasters/surveybot.php

Our position will not change until advised t do so by our own counsel.



Regards,

DomainTools Client Support
 
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Machin3

New Member
Studying some law at high school currently, if the website is copyrighted to you, I don't think you can press charges but they are forced to shut their web site down simply because of stealing copyrighted content from you. If they fail to precede, then I think you may press charges and you may or may not win depending on the argument given by the defendant.
 

bomberboysk

Active Member
Unless you hold an official copyright there is little you can do, you could claim intellectual property but that domain sounds like its pretty wide open for argument on that front as well.
 

PohTayToez

Active Member
I'm no lawyer, but I'm pretty sure that you have no case. The reason is because their using your domain name as a reference to your site. If thy were using your domain name for something else, then maybe, but what their doing is providing public information about your site, which is perfectly legal.
 

tlarkin

VIP Member
All you need to do to copyright something is to put the ©2010 on the site and all rights reserved. That is enough to give you legal action to send a cease and desist letter.

However, if you want to file lawsuit for legal actions you will need to become some sort of company, LLC for example, and file with the library of congress your company and hire a lawyer to copyright it with the government.

Each state has different regulations, if the company you want to file suit with is over seas, well good luck with that. I have no idea how that would even work.
 
My Problem and Maybe I'm Off base on this is

them adding my url at the end with no other wording. They are also doing this to millions of other sites so I'm not being singled out and as a result Google at least temporarily screwed up the indexing of my site for an important key word

whois.domaintools.com/2008software.com

The above is the pages completel URl with mine bolded So I'm gathering from you guys that its legally OK to include any domain that you don't own and have registered and make it part of your URL without permission like hypothetically me
using the url www.2008software.com/computerforum.com Is that correct?
 
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bomberboysk

Active Member
them adding my url at the end with no other wording. Thye are also doing this to millions of other sites so I'm not being singled out and as a result Google at least temporarily screwed up the indexing of my site for an important key word

whois.domaintools.com/2008software.com

The above is the pages completel URl with mine bolded So I'm gathering from you guys that its legally OK to include any domain that you don't own and have registered and make it part of your URL without permission like hypothetically me
using the url www.2008software.com/computerforum.com Is that correct?

Well, all that website is doing is providing whois information for your domain, and like i said i doubt you have any justifiable legal cause since it is just, well, public information.
 
The website isn't whois it is domaintools.com and by deliberately putting my url as well as millions of other URLs at the end of the URL with nothing following, they are enabling Google to wrongly index their site for things that have nothing to do with their site, however long this is till Google corrects themselves. As I stated for the phrase "2009 tax software" instead of my site showing up high on the first page, their URL did with my domain description not my domain. Their domain has nothing to do with 2009 tax software.
 

bomberboysk

Active Member
The website isn't whois it is domaintools.com and by deliberately putting my url as well as millions of other URLs at the end of the URL with nothing following, they are enabling Google to wrongly index their site for things that have nothing to do with their site, however long this is till Google corrects themselves. As I stated for the phrase "2009 tax software" instead of my site showing up high on the first page, their URL did with my domain description not my domain. Their domain has nothing to do with 2009 tax software.

I know it is domaintools.com, they provide whois information on domain names.
 

tlarkin

VIP Member
I actually don't know if it is illegal to have someones else's URL as part of their own. That's the answer you need to find out. If it's legal there's nothing you can do. If it's not legal then you can take legal action.

Yeah you need to talk to a lawyer instead of people on this forum
 

Bacon

Member
Just FYI, I typed in 2008 software and your site was #1, I don't even see that domain website on the first page.
 

PhantomSixes

New Member
After reading over all the substance of this post, as well as having knowledge on some basis of the internet and the law that comes with it, I'd say you probably don't have a case. What the website will most likely end up doing in the long run is removing your URL from their site (your goal) simply by requesting. If the request is not met then you may want to blog about it (before talking to an attorney) but in any case your goal is to get the site to remove your URL so you end up at the #1 spot on searches...It's probably best to consult the "ICANN" consultant then speak with an attorney.

I'm not an attorney...yet...but studying it...and I live with 2 licensed attorneys. I asked, they said not to worry about it, it'd take too much time, money and in the end it would not be worth a trial if it came down to that.

Yaya, I've only got 2 posts, take my word or not.
 

PhantomSixes

New Member
and finally......

http://whois.domaintools.com/google.com
Now I'm sure if it were illegal someone as big as google would have eaten them and spat them out afterwards. It's only an information site (WHOIS) after all.

This is true, I contacted an associate and says it is completely legal for a domain website to use your URL, you sign away your rights in most of their contracts when buying a website URL. You're correct. No legal suit would stand trial, most likely thrown out by a judge.:good:
 

Flaring Afro

New Member
I would contact google. This is something google will have to deal with, but they don't want a problem like this so they most likely will try to prevent this.
 
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